Hot Topics:

Las Cruces City Council tweaks dust ordinance

By Steve Ramirez / sramirez@lcsun-news.com

Posted:
07/22/2012 08:10:28 PM MDT

LAS CRUCES — Changes will be made to a Las Cruces ordinance aimed at controlling the amount of dust coming from homes and businesses being constructed, despite concerns raised by representatives of the home building industry and the Greater Las Cruces Chamber of Commerce.

The Las Cruces City Council voted 6-1 last week to amend a 12-year-old ordinance that city officials said has been ineffective and unenforceable. The revised ordinance will go into effect Oct. 1.

"It's been ineffective for some time," Assistant City Manager Brian Denmark said.

Senior City Planner Robert Kyle added, "The goal of this revised ordinance is to create an effective and enforceable ordinance."

But Councilor Miguel Silva, the lone council member to vote against the ordinance, said the wording in the revised ordinance was unclear and could be unfair to builders, developers and property owners.

"We need to fine comb this one last time," said Silva. "...It's that ambiguity that concerns the business community. The language needs to be a little more specific. We're almost there. We have a pretty good document, but we could have a truly good piece of legislation if we took a more in-depth effort to word it properly."

Councilor Gill Sorg and Mayor Pro Tem Sharon Thomas, who have taken the brunt of complaints and concerns from residents in their East Mesa council districts about numerous problems with fugitive dust, said while the revised ordinance is not perfect, it should go into effect, and can be reviewed and amended in the future.

Advertisement

"We cannot allow people to do things on their properties that destroy their neighbors' properties," Thomas said. "Let's try it, let's get it to work."

Thomas added many people have been involved for at least the past four years to bring about changes to the ordinance. Sorg is pleased to finally see something being done.

"At last," Sorg said. "...I'd also like to see some kind of rewards in recognition of those who do good in following this ordinance."

Kyle said such a program could be considered, but added, "The real reward will be less complaints."

But Steve Chavira, managing director of the Building Industry Association of Las Cruces, said the timing of revised ordinance would be detrimental to city home builders.

"We would love to see this ordinance go through in a certain way. But this isn't the time," Chavira said. "As the (home building) market comes back, we'll all be able to look back and work smartly."

Monthly gross receipts tax (GRT) reports provided to the city by the New Mexico Department of Finance and Administration have shown the city's construction industry has been harshly affected by the recession.

"Construction GRT for fiscal year 2011-2012 was down over $1 million for a drop of 13.4 percent," said city Budget Manager Dick Gebhart, in a memorandum to city administrators on the city's June GRT report. "The construction sector has now declined for five consecutive fiscal years, underscoring the protracted and severe stress this industry has faced over the period."

Chavira added that requiring a 3-foot wind fence to be installed around a construction site was impractical and would only increase the cost of construction, which would be passed on to the consumer. He added the higher wind fence could potentially pose a safety hazard for children who wandered onto a construction site.

"There's much more at stake than what's been talked about here," Chavira said.

Steve Newby, chairman of the Chamber's Government Affairs Committee, pointed out the provisions of the modified ordinance wouldn't apply to other governmental entities who might not want to comply with the same standards the city will require of builders, developers and property owners. Bill Allen, chief executive officer of the Chamber of Commerce, offered to convene an ad-hoc committee that could help refine the language in the revised ordinance, but council members said that would only continue to prolong changes needed to mitigate fugitive dust.

City Manager Robert Garza said the city officials and the council could review the impacts of the revised ordinance within a few months of its implementation, and futher reviews could be conducted regularly. Changes to the ordinance could be considered depending on the outcome of those reviews.

Steve Ramirez can be reached at sramirez@lcsun-news.com; (575) 541-5452. Also follow him on Twitter: @SteveRamirez6

---

Dusting it off

• A revised city ordinance applying to erosion control will go into effect Oct. 1.

• It will require builders, developers or property owners to erect fencing of at least 3-feet tall, above ground, to curb dust. Also, grading and other earthwork for projects of 39 acres or more will have to be phased.

• City Council and city administrators have vowed the revised ordinance will be reviewed after it has gone into effect, and further changes could be made.

• Changes to the ordinance have been considered for more than two years.

• The city is pre-empted by state law from regulating air quality but is required to establish dust control.